- ASIAN ART WEEK - ARTS OF THE EAST, ASIA AND ELSEWHERE & Collection of Mr. X
PUBLIC EXHIBITIONS :
16 & 17 June 2021 from 11am to 6pm
June 18, 2021 from 11am to 12pm
EXPERTS :
CABINET PORTIER & ASSOCIÉS
26 boulevard Poissonnière - 75009 Paris
01.48.00.03.41
ALEXIS RENARD
5 rue des Deux Ponts - 75004 Paris
01.44.07.33.02
Boisgirard - Antonini and Biarritz Enchères are companies
of voluntary auction sales regulated by the law of
the 10 July 2000. In such capacity Boisgirard - Antonini
and Biarritz Enchères acts as the agent of the seller who
contracts with the buyer.The relationships between Boisgirard
- Antonini and Biarritz Enchères and the buyer are
subject to the present general conditions of purchase
which can be modified by saleroom notices or oral indications
given at the time of the sale, which will be recorded
in the official sale record.
1 - Goods for auction
a) The prospective buyers are invited to examine any
goods in which they may be interested, before the auction
takes place, and notably during the exhibitions.
Boisgirard - Antonini and Biarritz Enchères are at disposal
of the prospective buyers to provide them with
reports about the conditions of lots.
b) Description of the lots resulting from the catalogue,
the reports, the labels and the verbal statements or announcements
are only the expression by Boisgirard
- Antonini of their perception of the lot, but cannot
constitute the proof of a fact.
c) The statements by made Boisgirard - Antonini and
Biarritz Enchères about any restoration, mishap or harm
arisen concerning the lot are only made to facilitate the
inspection thereof by the prospective buyer and remain
subject to his own or to his expert’s appreciation.
All the lots above 5 000 Euros have been submitted to
the Art Loss Register.
Notes in English are neither complete nor accurate, but
are just an approximate description for English-speaking
buyers. The condition of the pieces is not mentioned.
The absence of statements Boisgirard - Antonini and
Biarritz Enchères by relating to a restoration, mishap
or harm, whether made in the catalogue, condition reports,
on labels or orally, does not imply that the item is
exempt from any current, past or repaired defect. Inversely,
the indication of any defect whatsoever does not
imply the absence of any other defects.
d) Estimates are provided for guidance only and cannot
be considered as implying the certainty that the item
will be sold for the estimated price or even within the
bracket of estimates.
e) Attributions have been made taking into account
scientific and artistic knowledge at the date of the sale.
Claims will not be accepted for ordinary restorations and
minor damages to lots, considering that buyers are given
the opportunity to assess the condition of the lots
at the time of the pre-sale exhibition.
The condition of antiquities, early ceramics, metal- work,
glass and textiles is not guaranteed, since most of the
pieces are commonly damaged. Necklaces are recomposed
with ancient elements. Dimensions are given for
information only, especially concerning the framed paintings.
2 - The sale
a) In order to assure the proper organisation of the
sales, prospective buyers are invited to make themselves
known to Boisgirard – Antonini and Biarritz Enchères
before the sale, so as to have their personal identity data
recorded. Boisgirard - Antonini reserves the right to ask
any prospective buyer to justify his identity as well as his
bank references.
Boisgirard - Antonini and Biarritz Enchères reserve the
right to refuse admission to the auction sales premises
to any prospective buyer for legitimate reasons.
b) Any person who is a bidder undertakes to pay personally
and immediately the hammer price increased by
the costs to be born by the buyer and any and all taxes
or fees/expenses which could be due.
Any bidder is deemed acting on his own behalf except
when prior notification, accepted by Boisgirard - Antonini
and Biarritz Enchères are given that he acts as an
agent on behalf of a third party.
c) The usual way to bid consists in attending the sale on
the premises.
However, Boisgirard - Antonini and Biarritz Enchères
may graciously accept to receive some bids by telephone
from a prospective buyer who has expressed
such a request before the sale.
Boisgirard - Antonini and Biarritz Enchères will bear
no liability/responsability whatsoever, notably if the telephone
contact is not made, or if it is made too late, or
in case of mistakes or omissions relating to the reception
of the telephone.
For variety of purposes, Boisgirard - Antonini and Biarritz
Enchères reserve there right to record all the telephone
communications during the auction. Such records
shall be kept until the complete payment of the
auction price, except claims.
d) Boisgirard - Antonini and Biarritz Enchères will bear
no liability/responsibility in case of mistakes or omission
of performance of the written order.
e) In the event where a reserve price has been stipulated
by the seller, Boisgirard - Antonini and Biarritz Enchères
reserve the right to bid on behalf of the seller
until the reserve price is reached.
f) Boisgirard - Antonini and Biarritz Enchères will
conduct auction sales at their discretion, in accordance
with established practices.
Boisgirard - Antonini and Biarritz Enchères reserve the
right to refuse any bid, to organise the bidding in such
manner as may be the most appropriate, to move some
lots in the course of the sale, to withdraw any lot in the
course of the sale, to combine or to divide some lots in
the course of the sale.
In case of challenge or dispute, Boisgirard - Antonini and
Biarritz Enchères reserve the right to designate the successful
bidder, to continue the bidding or to cancel it, or
to put the lot back up for bidding.
No lot will be delivered to the buyer until full payment
has been made.
In case of payment by an ordinary draft/check, payment
will be deemed made only when the check will have
been cashed.
3 - The incidents of the sale
a) In case two bidders have bidden vocally, by mean of
gesture or by telephone for the same amount and both
claim title to the lot, after the bidding the lot, will immediately
be offered again for sale at the previous last bid,
and all those attending will be entitled to bid again.
b) So as to facilitate the presentation of the items during
the sales, Boisgirard - Antonini will be able to use video
technology.
Should any error occur in operation of such, which may
lead to show an item during the bidding which is not
the one on which the bids have been made, Boisgirard -
Antonini and Biarritz Enchères shall bear no liability/responsability
whatsoever, and will have sole discretion to
decide whether or not the bidding will take place again.-
4 - Pre-emption of the French state
The French state in entitled to use a right of pre-emption
on works of art, pursuant to the rules of law in force. The
use of this right comes immediately after the hammer
stroke, the representative of the French state expressing
then the intention of the State to substitute for the last
bidder, provided he confirms the pre-emption decision
within fifteen days.
Boisgirard - Antonini and Biarritz Enchères will not
bear any liability/responsibility for the conditions of the
pre-emption by the French State.
5 - The performance of the sale
a) In addition to the lot’s hammer price, the buyer must
pay the following costs and fees/taxes :
1) Lots from the EEC :
The buyer must pay Boisgirard - Antonini, in addition
to the hammer price, commission of 24% excl. Tax (with
VAT 28,80%) of the sale price up to 350 000 Euros. For
the books the commission will be : 24% excl. Tax + 5.5%
(with VAT 25,32%)
By credit card, Boisgirard - Antonini, will charge 1% in
addition to the hammer price.
2) The taxes (VAT on commissions and VAT on importation)
can be retroceded to the purchaser on presentation
of written proof of exportation outside the EEC.
3)All the bidders that won lots throught DROUOT LIVE
will have fees of 30,80%.
An EEC purchaser who will submit his intra-Community
VAT number will be exempted from paying the VAT on
commissions.
The payment of the lot will be made cash, for the whole
of the price, costs and taxes, even when an export licence
is required.
The purchaser will be authorized to pay by the following
means:
- in cash : up to 1 000 euros, costs and taxes included,
for French citizen, up to 15 000 euros, costs and taxes
included, for foreign citizen on presentation of their
identity papers.
- By cheque or bank transfer.
- By credit card : VISA, MASTERCARD.
b) Should the buyer have neglected to give his per- sonal
information before the sale, he will have to give the
necessary information as soon as the sale of the lot has
taken place.
c) The lot must to be insured by the buyer immediately
after the purchase. The buyer will have no recourse
against Boisgirard - Antonini, in the event where, due to
a theft, a loss or a deterioration of his lot after the purchase.
d) The lot will be delivered to the buyer only after the
entire payment of the price, costs and taxes.
In the meantime Boisgirard - Antonini and Biarritz Enchères
may invoice to the buyer the costs of storage
of the lot, and if applicable the costs of handling and
transport.
Should the buyer fail to pay the amount due, and after
notice to pay has been given by Boisgirard - Antonini to
the buyer without success, at the seller’s request, the lot
is re-offered for sale, under the French procedure known
as “procédure de folle enchère”. If the seller does not
make this request within a month from the date of the
sale, the sale will be automatically cancelled, without
prejudice to any damages owed by the defaulting buyer.
In addition, Boisgirard - Antonini and Biarritz Enchères
reserve the right to claim against the defaulting buyer,
at their option :
- interest at the legal rate increased by five points,
- the reimbursement of additional costs generated by
the buyer’s default,
- the payment of the difference between the initial hammer
price and the price of sale after “procédure de folle
enchère” if it is inferior as well as the costs generated by
the new auction.
Boisgirard - Antonini reserves the right to exclude from
any future auction, any bidder who has been a defaulting
buyer or who has not fulfilled these general conditions
of purchase.
e) For items purchased which are not collected within
seven days from after the sale (Saturdays, Sundays and
public holidays included), Boisgirard - Antonini and Biarritz
Enchères will be authorized to move them into a
storage place at the defaulting buyer’s expense, and to
release them to same after payment of corresponding
costs, in addition to the price, costs and taxes.
6 - Intellectual Property Right - Copyright
The copyright in any and all parts of the catalogue is the
property of Boisgirard - Antonini and Biarritz Enchères.
Any reproduction thereof is forbidden and will be considered
as counterfeiting to their detriment.
Furthermore, Boisgirard - Antonini benefits from a legal
exception allowing them to reproduce the lots for auction
sale in their catalogue, even though the copyright
protection on an item has not lapsed.
7 - Law and Jurisdiction
These Conditions of purchase are governed by French
law exclusively.
Any dispute relating to their existence, their validity
and their binding effect on any bidder or buyer shall be
submitted to the exclusive jurisdiction of the Courts of
France.